On the Dismissal of Police Officer F.E.: “These kinds of officers are to be cleaned out immediately!”

Source: Burcu Karakaş. “Bu tür memurlar hemen ayıklanır!” (“These kinds of officers are to be cleaned out immediately!”) Milliyet, 16 June 2014, http://www.milliyet.com.tr/bu-tur-memurlar-hemen-ayiklanir–gundem-1897738/

Police officer F.E. had been dismissed from office with a disciplinary investigation because he is gay. When he went to court to amend the decision, he received the following answer from the Ministry of Internal Affairs: “The law foresees that these kinds of officers are to be immediately cleaned out!”

Police officer F.E. was subjected to disciplinary investigation because he is gay and the investigation resulted in his removal from office. He went to the court to appeal the decision. His suit was rejected by every court that he applied to. Upon his appeal to the Council of State, he received a written response from the Ministry of Internal Affairs, Deputy Legal Advisor. The statement included scandalous phrases. One Ministry official stated the following: “It is without a doubt that if civil services are run by officers who are less than reputable, this would damage people’s confidence in the administration. The law aims to prevent these kinds of developments and foresees that those who are responsible are removed from civil service and thus eliminated from the instruments of administration.” Even though the Council of State Investigation Judge wrote a dissenting opinion noting the right to “private life,” F.E.’s plea was overruled by majority voting.

“Embarrassing actions”

In 2009, there was a denunciation against Istanbul police officer F.E. with allegations that he kept child pornography. The police raided his house based on the allegations, which turned out to be false. It was decided that there was a lack of grounds for legal action. However, certain documents were found on F.E.’s computer, which pointed to the fact that he is gay. This resulted in a disciplinary investigation on his behalf. The investigation ended with the Ministry of Internal Affairs High Disciplinary Commission ruling for F.E.’s removal from civil service due to the charge of “acting in shameful and embarrassing ways that do not agree with the qualities of civil service.” Upon this decision, the police officer went to the 8th Administrative Court in Istanbul to demand that the decision be reversed. The court maintained that the ruling was within legislation and rejected F.E.’s appeal.

After this rejection, F.E. appealed to the Council of State. The 12th Department of the Council of State studied and rejected F.E.’s appeal eight months ago, thereby approving the decision of his removal from office. At this time, F.E.’s lawyer Fırat Söyle took the appeal back to the 12th Department of the Council of State with a request to revise the decision.

Council of State Investigation Judge Şevket Polat argued that the actions, which resulted in F.E.’s removal from office, were to be considered within the framework of “private life” in accordance with the 20th article of the Constitution as well as the 8th Article of the European Convention on Human Rights. Polat thus put forth that these actions did not constitute a disciplinary breach and advised for an issue of stay order. However, members of the department unanimously rejected the judge’s request with the justification that “the reasoning presented did not constitute due grounds for a stay order.”

“He lives with a woman who is of legal age”

The Ministry of Internal Affairs delivered a statement in response to the appeal about revising the decision. The statement included the justifications for why F.E. had to be removed from office. The Ministry Deputy Legal Advisor Adnan Türkdamar authored the statement, which explains that there were times when F.E. shared the same living quarters with two men who are known to be gay. Also, F.E.’s living together with a woman was described as a “shameful and embarrassing action.”

The Ministry responded with the following in relation to the discrimination appeal: “The law aims for civil service to be carried out by credible, trustworthy and socially prestigious agents. It is without a doubt that if civil services are run by officers who are less than reputable, this would damage individuals’ confidence in the administration and result in undesirable developments in the relations between individuals and the administration. As such, the law aims to prevent such a development and foresees that those who are responsible are removed from civil service and that these kinds of officers are eliminated from the instruments of administration.”

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